8.1.3
Sources of the UK Constitution
Sources of the UK Constitution
Sources of the UK Constitution
There are 5 main sources of the constitution. These are statute law, common law, conventions, authoritative works, and treaties (including EU Law).
Statute law
Statute law
- Statute law is all legislation created by parliament.
- Not all laws are considered constitutional – only those that deal with the nature of politics and government or the rights of citizens.
- Statute law is the most important source of the constitution due to the principle of parliamentary sovereignty. All other sources can be overridden by statute law.
Examples of statute law
Examples of statute law
- For example, the 2005 Constitutional Reform Act created a separate Supreme Court.
- The 1918 Representation of the People Act which allowed all men and some women to vote.
Common law
Common law
- Common Law is made up of customs and judicial precedent (when judicial decisions clarify the meaning of statute or make rulings in the absence of statute).
- A lot of constitutional principles, such as the Royal Prerogative are a part of common law.
Conventions
Conventions
- Conventions are customs and practices that are accepted as the way of doing things.
- An example is the convention that the Prime Minister is the leader of the largest party in parliament.
- Conventions can be removed or made permanent by statute law.
- The 2011 Fixed Term Parliaments Act put into statute law the convention that the Government should resign if it is defeated in a vote of no confidence.
Authoritative works
Authoritative works
- Authoritative works, such as Walter Bagehot’s ‘The English Constitution’ are books or written guides to the working of the UK constitution.
- Although they are widely respected, they are not legally binding.
Treaties
Treaties
- Treaties are agreements signed with other countries.
- The most important treaties affecting the UK constitution are the treaty that entered Britain into the EEC in 1972 and the Maastricht Treaty (1992) which established the European Union.
- The UK government recently negotiated a new treaty that allowed the UK to leave the EU (Brexit).
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister
10.3.2Prime Minister's Powers
10.3.3Limits on the Prime Minister's Powers
10.3.4Role of the Cabinet
10.3.5Prime Minister & Cabinet: Relations
10.3.6Prime Minister & Cabinet: Balance of Power
10.3.7Prime Minister & Cabinet: Case Studies
10.3.8End of Topic Test - PM & Cabinet
10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature
17.2.2Constitution: Provisions & Principles
17.2.3Federal System & Devolution
17.2.4Legislative: Lower Houses of Government
17.2.5Legislative: Upper Houses of Government
17.2.6Legislative: Powers & Functions
17.2.7Executive
17.2.8Supreme Court
17.2.9Supreme Court: Judicial Independence
17.2.10Civil Rights
17.2.11Civil Rights: Interest Groups
17.2.12Party Systems & Parties
17.2.13Campaign Finance & Pressure Groups
17.2.14End of Topic Test - Comparing UK & US
17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
Jump to other topics
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister
10.3.2Prime Minister's Powers
10.3.3Limits on the Prime Minister's Powers
10.3.4Role of the Cabinet
10.3.5Prime Minister & Cabinet: Relations
10.3.6Prime Minister & Cabinet: Balance of Power
10.3.7Prime Minister & Cabinet: Case Studies
10.3.8End of Topic Test - PM & Cabinet
10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature
17.2.2Constitution: Provisions & Principles
17.2.3Federal System & Devolution
17.2.4Legislative: Lower Houses of Government
17.2.5Legislative: Upper Houses of Government
17.2.6Legislative: Powers & Functions
17.2.7Executive
17.2.8Supreme Court
17.2.9Supreme Court: Judicial Independence
17.2.10Civil Rights
17.2.11Civil Rights: Interest Groups
17.2.12Party Systems & Parties
17.2.13Campaign Finance & Pressure Groups
17.2.14End of Topic Test - Comparing UK & US
17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
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